View full sizeState Sen. Diane Savino is joining with Assemblyman Michael Cusick, left, and Public Advocate Bill DeBlasio to increase penalties for those guilty of initiating unwanted sexual contact, including "subway grinders."

STATEN ISLAND, N.Y. -- New state legislation sponsored by state Sen. Diane Savino and Assemblyman Michael Cusick would toughen penalties, including mandatory jail time, for offenders guilty of initiating unwanted sexual contact, including "subway grinders."

"These grinders' are nothing more than sexual deviants who prey upon mostly female victims who are simply going to and from work or school with no means of escape," said Ms. Savino (D-North Shore/Brooklyn), who announced the legislation with Cusick and city Public Advocate Bill de Blasio.

"Now these disgusting predators will be treated by the law, as what they are, felons and sex offenders."

The legislation looks to close a loophole opened in a recent court ruling which downgraded the penalties for lewd, unwanted touching in crowded spaces like subways and buses.

Cusick (D-Mid-Island) said that the NYPD receives more than 1,000 complaints a year about public lewdness and forcible touching.

In a case last year, he said police caught a man who sexually abused women on a subway through his DNA long after he committed the crimes. The perpetrator is now out free on three years' probation, Cusick said, "after just one year behind bars."

"Currently a crime of this nature is considered a misdemeanor," he said. "This legislation we are introducing today strengthens the penalties to protect victims of unwanted sexual contact."

Under the law, unwanted sexual touching of someone who is physically helpless, unable to move or on public transit would be considered a class B felony and punishable with a minimum of three years' jail time and a maximum of 25 years.

"When the laws on the books aren't enough to protect people, we have to make them tougher," said de Blasio, a Democrat. "'Grinding' is a deeply personal and deeply offensive violation that no woman or straphanger should have to suffer. We need laws that match the seriousness of this crime."

The legislation defines "aggravated sexual assault in the first degree" as unwanted touching, rubbing, close physical contact or ejaculation committed for the purpose of sexual gratification.

The law would apply if the victim is younger than 11 years old, or if the victim is physically helpless, unable to move or a passenger on public transportation.